RES 95-17 APPROVAL OF PRELIMARY PLAT FOR JERRY JAY/JOAN JELINEK SUBDIVISION APPLICATIONRESOLUTION NO. 95-17
A RESOLUTION APPROVING THE PRELIMINARY PLAT FOR THE JERRY
JAY/JOAN JELINEK SUBDIVISION APPLICATION FINDINGS OF FACT,
CONCLUSIONS OF LAW, AND RECOMMENDATIONS.
WHEREAS, a Preliminary Subdivision application for a ten-lot subdivision was
submitted by Mr. Jerry Jay, Mrs. Joan Jelinek, and Mrs. Helen Potter on August 30, 1994; and
WHEREAS, a Mitigated Determination of Nonsignificance was issued September 23,
1994; and
WHEREAS, on December 12, 1994, Mr~ Helen Potter withdrew from the proposed ten-
lot subdivision making the subdivision a seven-lot subdivision; and
WHEREAS, on January 10, 1995, a public heating was held; and
WHEREAS, on January 19, 1995, the Heating Examiner issued Findings of Fact,
Conclusions of Law, and Recommendation approving the preliminary subdivision with
conditions; and,
WHEREAS, on March 16, 1995, the Bainbridge Island City Council considered the
recommendations of the Hearing Examiner; now, therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DOES RESOLVE AS FOLLOWS:
Section 1. The January 19, 1995, Findings of Fact, Conclusions of Law, and
Recommendations of the Heating Examiner (SUB08-30-94-1), which are attached and
incorporated by reference, are adopted as the final decision of the Bainbridge Island City
Council, except as follows:
Timber harvest activities (commercial tree cutting for the purposes of development of the
subdivision) shall be limited to roads shown on the approved preliminary plat, approved
drainfields, driveways, and building envelopes containing no more than approximately
33 percent of the total area of the lots, as shown on the preliminary subdivision plat map
dated August 22, 1994.
Amend this condition by adding: Option 1
Limited tree cutting may occur outside the building envelopes (as shown on the
preliminary plat map) if: 1) It is necessary to avoid an unreasonable lack of light;
2) Certain trees impose an unreasonable impairment of surrounding views; or, 3) Certain
trees pose a danger to property and safety. All tree curing outside the building
envelopes shall be approved by the Homeowners Association. Tree cutting in the 25-foot
no-cut/no-build perimeter buffer will only be allowed if it can be demonstrated that those
trees are a safety hazard. In addition, tree cutting in this buffer area must be approved
by a certified arborist and the Department of Planning and Community Development
(DPCD).
Condition No. 2, is amended as follows:
No commercial timber harvesting shall occur off the subject property on the proposed
plat. Commercial timber harvest activities are limited to the development of the plat
including the access road through the Potter' s property. No timber harvesting, including
the transport of log or logging debris on private easement roads, will occur on other
properties around the subject site as part of the development of this subdivision.
Condition No. 4, is amended as follows:
The 25-foot no-cut/no-build buffer around the perimeter of the plat shall be labeled as
a no-cut/no-build buffer on the f'mal plat. Areas outside the building envelopes, but
inside the 25-foot no-cut/no-build perimeter buffer, shall be labeled as a limited clearing
area on the final plat map. If unauthorized vegetation removal occurs in either area an
equal amount of comparable vegetation, including replacement of trees with an equal
amount of cross-sectional area, shall be planted and maintained as determined by a
certified arborist and the DPCD.
Condition No. 5, is amended as follows:
No timber harvest activities shall occur within 50 feet of the top of steep slopes on the
subject property as depicted on the f'mal plat map.
Condition No. 16, is amended as follows:
All areas disturbed by the construction of the access road shall be replanted (where
possible) per Department of Natural Resources specifications. An approved planting plan
for these disturbed areas shall be required prior to the issuance of a grading permit to
build the road.
Condition No. 19, is amended as follows:
A recreational trail through the subdivision shall be developed per Bainbridge Island Park
District recommendations (to reflect the March 7, 1995, letter from the Park District).
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Section 2. The approved subdivision/PUD is in conformance with the Zoning Ordinance
(Ordinance No. 87-30), the Comprehensive Plan (Ordinance No. 94-21), the Subdivision
Regulations (BIMC 17.04), and Subdivision Standards (Ordinance No. 84-10), and all other
applicable land use ordinances.
PASSED by the City Council of the City of Bainbridge Island, Washington, this 6th day
of April, 1995.
APPROVED by the Mayor this 13th day of April, 1995.
ATTEST/AUTHENTICATE:
SS~~ P. KASPER, City Clerk
FILED WITH THE CITY CLERK: March 31, 1995
PASSED BY THE CITY COUNCIL: April 6, 1995
RESOLUTION NO. 95-17
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